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RFP 1. INTRODUCTION
1.1 M.P. Housing & Infrastructure Development Board
The M.P. Housing & Infrastructure Development Board was
established as a body corporate under the Madhya Pradesh Griha
Nirman Mandal Adhiniyam, 1972 which replaced the earlier similar
Act of 1950. Madhya Pradesh Housing & Infrastructure Development
Board is one of the very few, perhaps the only, Housing Board in the
country, not the receive a single rupee as subsidy from the
Government. All the projects and programmers, including its internal
cross subsidies, are arranged for by the economics of the project
itself, in consonance with what the market
can bear.
1.2 PROJECT VISION AND ABJECTIVES
M.P. Housing & Infrastructure Development Board intends to appoint
EIA Consultant for obtaining Environment Clearance for Madhya
Pradesh Housing & Infrastructure Development Board’s Housing
Projects and to prepare report for E.C.
Following are key objectives of project:
(i) Filling and submission of form 1 and form 1 A along with necessary
document (Annexure I) (Page 1 to 16)
(ii) Carrying out EC as per SEIAA/SEAC Ministry of Environment &
Forest (MoEF) guidelines.
(iii) Providing technical assistance and day to day follow up with
concerning agency to obtaining Environment Clearance from
SEIAA/SEac (MoEF) and making all presentation required time to
time in this connection by the authority .
(iv) Obtaining EC from SEIAA/SEAC/EAC (MoEF) for
Project.
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2. PROJECT Madhya Pradesh Housing & Infrastructure Development Board
proposed to Construct
Name of Project:- Development of 3.15 Acre land & construction of
commercial & Residential complex commercial Block (G+6)
Residential Block 2 Nos G+12 – 212 Flats at Hope Textile Mill
Premises Snehlataganj, Indore (M.P.)
3. SCOPE OF WORK
(i) Carryout site survey for assessing site condition and collecting
secondary data for EC.
(ii) Filling and submission of form 1 & 1 A along with inception report.
(iii) Conducting primary baseline monitoring and analysis as per
SEIAA (MoEF).
(iv) Carrying out impact assessment for environment component as
per SEIAA (MoFE).
(v) Developing environment management plan to mitigate the likely
impact from the propose project.
(vi) Providing technical assistant in various approvals & presentation
to regulatory authorities such as
SEIAA/SEAC (MoEF).
(vii) Obtaining EC from SEIAA/SEAC/EAC (MoEF) for project.
4. GENERAL:
(i) A certificate from the consultant shall be submitted that they have
been accredited by MoEF (list ‘A’) for Building and construction
projects.
(ii) Documents required by SEIAA/SEAC for prior Environment
clearance shall be detailed as per (Annex-1) the EIA notification
dated 14th Sep. 2006 issued by MoEF, Delhi.
(iii) Data for EC should be given for the entire life of the project
(iv) Detailed feasibility report including the financial, Environmental
and social costs has to be furnished.
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5. GENERAL INFORMATION
Building construction projects as per the EIA notification of 2006 are
under category ‘B’ covering an area>20,000 sqmtr. And <1,50,000
sqmtr of built-up area. All projects and activities listed as category ‘B’
in item 8(a) of the schedule (construction) do not require scoping and
will be appraised on the basis of form 1/form 1A and the conceptual
plan. All projects in this category will be appraised as category B2. An
application seeking prior environmental clearance in all cases should
be made in the prescribed form 1 and supplementary form 1A, after
the identification of prospective sites for the project to which the
application relates, before commencing any construction activity, or
preparation of land, at the site by the applicant. The applicant should
submit along with the application in addition to form I and the
supplementary from IA, a copy of the conceptual plan.
5.1 Introduction
Profile of the project proponent, name and contact address,
Implementing organization, organization chart, project consultant etc.
should be mentioned clearly.
Land description – plot/survey numbers, village, tehsil, district, state
and area of the land must be mentioned clearly.
Description of Centre/State/Local regulations and standards
Applicable for township and area development projects should be
discussed. Any litigation (s) pending against the proposed project
and/or any direction or orders passed by any court of law/any
statutory authority against the project is to be detailed out.
5.2 Project Description
Essential Top sheets/Maps to be provided with application
A map of the study area 5 km. from the boundary of the project area,
delineating the major topographical features such as land use,
drainage, locations of habitats, major constructions including roads,
railways, pipelines, industries if any in the area to be mentioned.
Description of the reject site, geology, topography, climat, transport
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and connectivity, demographic aspects, socio, cultural and economic
aspects, villages, settlements should be given in the map. Details of
environmentally sensitivity place, land acquisition, rehabilitation of
communities / villages, and present status of such activities are to be
mentioned.
Site Selection and Planning
The environment impacts of construction and operation are
established during the early phases of site selection and planning.
Some important factors for development, which should be addressed
are:
� Status of ownership of land
� The boundaries of the project area
� A map that identifies the locations of all proposed development
activities; and
� Proximity to local communities.
� Proximity to sensitive surface or ground water bodies
� Compatibility with local building regulations
� Existing drainage pattern
5.3 Description of the Environment
Environment data to be considered in relation to building Construction
would be:
(a) Land (b) ground water, surface water (c) air (d) biological
Environment (e) noise (f) socio economic environment (g) sewage (h)
transportation.
Study area:
Map of the study area clearly delineating the location of various
monitoring stations (air/water, soil and noise) superimposed with
location of habitats are to be shown. Monitoring should be done as
per CPCB/MoEF guidelines. Primary data should be collected for one
season except rainy season. Monitoring of the parameters should be
carried out within the study area.
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5.4 Land Environment The first feature which should influence the development of a new project is the existing land use pattern of the neighborhood of the project, whether the proposed development conforms to the development for the area or not. Geographical latitude and microclimatic factor such as solar access and wing loads have a major impact. The following parameters have to be addressed under the baseline data for land environment. a. Soil � type of characteristics � Porosity and permeability 5.5 Air Environment Climatologically data is to obtained from nearest India Metrological Department (IMD) station for one season. Micro metrological data consisting of wind speed, wind direction, temperature, humidity, rainfall (peak and average daily rainfall) and wind rose patterns, from primary and secondary sources in the study area. Baseline data of air pollutant parameters extending an area 5 kms from the project should be monitored at a number of locations. Description of base line date of ambient air parameters namely RSPM Nitrogen dioxide, Sulphur dioxide and Carbon dioxide are to be collected one season date is to be monitored other than monsoon as per the CPCB/MoEF norms. Sampling locations are to be located as per CPCB/MoEF norms. 5.6 Noise Environment Construction equipment and road traffic are the major sources of noise. Baseline data of noise in the project area and the Neighborhood habitat areas are to be ascertained. Daytime and Nighttime data should be collected. 5.7 Water Environment Identify project activities, including construction phase, which may affect surface water of groundwater. Estimate water intake requirement and identify the sources of water to be used. Describe how water will be taken from the surface water/river and conveyed to the site. Rainwater harvesting has to be detailed out. Details for feanas and flora to be included.
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5.8 Socio Economic & Health Environment Baseline data at the project area should including the demography, particularly on settlements, existing infrastructure facilities in the propose area and area of impact due to the proposed activity. Present employment and live hood of these populations, awareness of the population about the proposed activity should also be included. 5.9 Soil Waste Solid wastes from construction sector can be categorized into two phases i.e. during construction & during operation. Details of the following are to be given: � Construction or demolition waste, i.e. massive and inert waste � Municipal waste qualification and characterization i.e.,
Biodegradable and recyclable waste and disposal facility Details of authorized municipal solid waste facilities, biomedical treatment facilities and hazardous waste disposal facilities in the area should be included.
6.0 Anticipated Environmental Impact Mitigation Measures 6.1 Prediction of Impact: This should describe the likely impact of the project on each of the environmental parameters, methods adopted for assessing the Impact , empirical methos , reference to existing similar situations mitigation methods proposed to reduce adverse effects of the project best environment practices, conservation of natural resources, environmental management plan; post project environmental monitoring program in the project. Land Environment Anticipated Impacts: Some of the anticipated impacts, which need to be addressed, are Estimation of anticipated impacts on the surrounding land use pattern, on infrastructure like housing, road net work, environmentally sensitivity places etc. Proper mitigation measures have to be suggested improved road network infrastructure to handle the increase in traffic. Selection of suitable local plant species for green belt development in and around the sites.
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Air Environment Anticipated impacts:
Impact on air quality during the construction and operation phase
should be predicted. The existing surrounding features of the study
area and impact on them should be addressed separately. It is
necessary to predict the following if any. Prediction of point source
emissions Mitigating Measures: Mitigative measures are to be
proposed during the construction stage as well as the operational
stage of the project. Some measures to be listed include:
� Mitigation measures to reduce the poing source emissions
� Greenbelt development
� Dust mitigation
� Estimate any environmental implications from transportation
(rail,road ) related emissions associated with the construction and
operational phases and suggest suitable options.
6.2 Noise Environment
Impact of project construction/operation on the noise on account of
construction equipment and road traffic is to be studied.
6.3 Water Environment
Impact of construction and operational phases on the surface and
ground water on account of the township is to be estimated including
anticipated impacts and their mitigating measures.
6.4 Biological Environment
Impact of project during construction and operational phases on the
biological environment/flora and fauna on account of project activity.
Socio Economic Environment
Solid Waste and Environment
Anticipated impacts
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Impact of the project during construction and operation phases for
generation of waste is to be assessed.
Mitigation measures:
Mitigation measures to reduce adverse effects. Options for
minimization of solid waste and environmentally compactable
disposal are to be given. Management and disposal of temporary
structure, made during construction phase are to be addressed.
Mitigation measures for handling biomedical wastes are to bedetailed.
7.0 Specific Studies
Describe the project energy requirement, associates infrastructure
and other infrastructure requirements.
Discuss the steps taken to integrate the needs of other stakeholders
into the location and design of access infrastructure to reduce and
manage overall environmental impact from resources development:
7.1 Transport
a) Include a map showing transportation access to the site from
highways;
b) Discuss how public access to, or within the project area managed
during the construction & operation phases of the project;
c) the impact of increased vehicle traffic and requirements for access
improvements on roads in the site development area as a result of
the project, considering other existing and planned developments and
operations in the region including what measures will be taken to
reduce traffic and enhance vehicle safely on external roads;
d) Any expected change in traffic volume by average annual daily
traffic (AADT) and any seasonal variability in traffic volume (including
mitigation measures) prior to construction during construction and at
full site operation;
e) Distance to the main access road along with the width of the
roads is to be given.
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7.2 Energy Conservation � Explore use of alternate renewable such as solar/wind power etc is
to be discussed.
� Discuss the options considered for supplying the power required
for the project and the environment implications,including
opportunities to increase the enery efficiency of the project.
Environmental Monitoring Program
� Frequency, location, parameters of monitoring
� Summary matrix of environmental monitoring, during construction
and operation state.
� Requirement of monitoring facilities
� Compilation and analysis of data and reporting system.Additional
studies, if required or suggested by SEAC committee Bhopal M.P.
Risk Assessment (ERA) and disaster Management plan (DMP)
8.0 Project Benefits:
This section details out the improvements in physical infrastructure,
social infrastructure if any. Also it details out any employment
potential and other benefits that are accrued if the project is taken up.
Environment Management Plan (EMP)
EMP as summarized and presented in following format:
Air Environment S.No. Expected Impact Impact
Zone Management Plan
Responsible Person
Water Environment S.No. Expected Impact Impact
Zone Management Plan
Responsible Person
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Land Environment S.No. Expected Impact Impact
Zone Management Plan
Responsible Person
Noise Environment S.No. Expected Impact Impact
Zone Management Plan
Responsible Person
Summary & Conclusion This document should summarize the significant finding of the EIA.
The summary must describe each significant environment issue and
its resolution in sufficient detail so that its importance and scope, as
well as the appropriateness of the approach taken to resolve it are
well understood.
Disclosure of consultants engaged
This chapter shall include the names of the consultants engaged with
their brief resume and nature of consultancy rendered.
Enclosures
Conceptual plan/Questionnaire/Photos
9.0 Eligibility Criteria for Consultant
1) The consultant should have accreditation with quality council of
India (QCI) National Accreditation Board for Education and Training
(NABBT) for B category project particular in sector of building
construction projects sector with certificate.
2) Consultancy firm should have experience more than 3 years in EIA
Project.
3) The consultant should provide the qualification and experience of
expert working with the firm/ consultant.
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4) Performance security 3% of contract value should be deposited at
the time of agreement in form of Bank Guarantee/FDR/D.D. payable
in the name of Executive Engineer MP Housing & Infrastructure
Development Board Division Indore.
10.0 Time Frame:
The consultant should assist in obtaining within 6 month of date of
agreement, environment clearances and NOC permission and other
mandatory clearance from various competent authorities and day to
day follow up from various competent authorities as per requirement
of SEIAA.
PAYMENT TERMS:
1) Submission of form 1, form 1A, conceptual plan and feasibility
report ot SEIAA/SEAC- 10% payment.
2) Submission of final report with all necessary approval and
presentation with clarification to expert committee- 25% payment.
3) on clearance of all queries raised by expert committee during
meeting & the project is recommended for grant of EC by SEAC-25%
payment
4) 40% balance payment will be paid after successful getting the
environment clearance from SEIAA/SEAC/EAC.
11.0 Submission and opening of bid (proposal) :
First envelope (envelope-A) should have (i) a demand of rs. 2,000/-
(five thousand only) issued the name of Executive Engineer MP
Housing & Infrastructure Development Board Division Indore. towards
tenderdocuments fee (non-refundable) and (ii) earnest money of Rs.
10,000/- (Rs. Ten thousand only) in the form of DD/Bankerscheque
drawn from any nationalized bank in favour of Executive Engineer MP
Housing & Infrastructure Development Board Division Indore.
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copy of PAN card and service tax registration (including category) IT return for last three years also be enclosed . Second envelope (envelope-B) will contain relevant documents pertaining to the fulfillment of the eligibility criteria along with necessary supporting documents, executive summary stating the important features of the proposal, work plan approach and methodology proposed for accomplishing the scope of work. Third envelope (envelope-C) will contain financial bid. Bidders shall have to submit bid in envelopes- A,B, & C. All the three envelopes shall be sealed and duly marked as A,B,C and containing in a sealed large envelope. The proposal shall be valid for minimum 120 days from the closing date. Opening of Bid Opening second envelope-B if it is found that bid cost and earnest money are in order, then only the second envelope-B containing eligibility criteria and technical proposal shall be opened. Opening second envelope-C containing eligibility criteria, if bidder is found qualified then only envelope-C containing financial bid shall be opened. Earnest Money of the unsuccessful bidder will be returned within 28 days of the end of validity period of the offer or execution of agreement with the successful bidder whichever is earlier. The earnest Money will be forfeited if: (a) Consultant withdraws the offer after submission during the tender validity period. (b) In the case of successful consultant, if the consultant fails to submit the required performance security and to sign the agreements within the specified time limit.
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12.0 Schedule for submission and opening of Bid: Date Time
a) Physical submission of envelopes A,B & C
10.03.2015 up to
3.00 pm
b) Opening of envelope A&B 11.03.2015 3.30 pm c) Checking of documents 12.03.2015 3.30 pm d) Opening of envelope-C of Technically
qualified bidder 12.03.2015 4.00 pm
MISCELLANEOUS: (i) Statutory deduction like income tax, security deposit etc. as
Applicable to normal contracts in law will be made from payments.
(ii) Quotes rates should be inclusive of all expenditure, taxes, charges
etc.
(iii) The fee/payment which are payable to government department for
various approval of map /project shall be paid by M.P. Housing &
Infrastructure Development Board.
(iv) Lowest price offer will be given highest priority.
(v) In case, the two bidders quote the same rates, in such situation,
lottery system shall be adopted.
(v) M.P. Housing & Infrastructure Development Board reserve the
right to reject any or all offers without assigning any reason thereof.
13.0 FINANCIAL OFFER TO BE SUBMITTED . S.No Description To be filled in by the tendered Amount in figures
in Rs. Amount in words in Rs.
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Security deposit @ 5% shall be deducted from the each bill of the consultant, which will be refunded after successful getting environmental clearance. 14.0 Refund/Release of Earnest Money and performance security The performance security (Bank Guarantee) and earnest money will be released/refunded after getting the environment clearance SEIAA/SEAC (MoEF) GENERAL CONDITON OF AGREEMENT 1. GENERAL PROVISIONS 1.0 Definitions: Unless the context otherwise requires the following term whenever
used in this agreement have following meanings:
a) “Agreement” means the agreement signed by the parties, together
with all documents/appendices attached here to and includes all
modification;
b) “Applicable Law” means the laws and any other instruments having
the force of law in the state of Madhya Pradesh as they may be
issued and in force from time to time;
c) "Dy. Housing Commissioner" means Officers designated as Dy.
Housing Commissioner of MP Housing & Infrastructure Development
Circle-,Indore.
d) “Currency” means the Indian Rupees;
e) “Effective Date” means the date on which this agreement comes
into force and effect;
1.1 Relation between the Parties
Nothing contained herein shall be construed as establishing a relation
of master and servant or of agent and principal as between the client
and the consultants. The consultants, subject to this agreement, have
complete charge of personnel and sub consultant. If any. Performing
the services and shall be fully responsible for the services performed
by them or on their behalf hereunder.
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1.2 Law governing contract
This contract it’s meaning and interpretation and the relation between
the parties shall be governed by the applicable laws.
1.3 Heading:-The Heading shall not limit after of affect the meaning
of this contract.
1.4 Notices:-
1.4.1 Any notice request or consent required or permitted to be given
or made pursuant to this contract shall be in writing. Any such notice
request or consent shall be deemed to have been given or made
when delivered in person to an authorized representative of the party
to whom the communication is addressed ot when sent by registered
mail, tele, speed post, telegram of facsimile to such party at the
address specified hereunder:
Client …………………………..
Attention …………………………..
E-mail …………………………..
Fax …………………………..
Consultants:
Attention: E-mail phone: Fax: 1.5 Taxes and Duties
The consultant and the personnel shall pay all the taxes, duties, fees,
levis and other impositions levied under the existing, amended or
enacted laws during life of this agreement and the client shall perform
such duties in regard to the deduction of a such tax as may be
lawfully imposed.
1.6. The conditions shown in the term of reference shall form the part
of this agreement.
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Anti corruption policy 1.6.1 Definitions a) “Corrupt Practice” means the offering, giving, receiving or soliciting
directly or indirectly of anything of value to influence the action of any
party in the consultants selection process or in contract execution;
b) “Fraudulent Practice” means a misrepresentation or omission of
facts in order to influence a selection process or the execution of the
contract;
c) “Collusive Practices” means a scheme of arrangement between
two or more consultant with or without the knowledge of the borrower
designed to influence the action of any party in the consultant
selection process or in contract execution;
d) “Coercive Practice” means harming or threatening to harm directly
or indirectly person or their property to influence their participation in
a consultant selection process or effect the execution of a contract.
Client shall reject a proposal for award if it determines that the
consultant recommended for award has directly or through an agent
engaged in corrupt, fraudulent, collusive or coercive practices in
compening for the contract in question.
1.7 Liability of Parties
This agreement contains all covenants, stipulations and provisions
agreed by the parties. No agent or representative of either party has
authority to make and the parties shall not bound by or be liable for
any statement, representation, promise, or agreement not set forth
herein.
1.8 Modification
Modifications of the terms and conditions of this agreement, including
any modification of the scope of the services, may only be made by
written agreement between the parties.
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1.9 Force Majeure
1.9.1 Definition:-
For the purpose of this agreement “Force Majeure” means an event is beyond the reasonable control of a party and which make a party’s performance of its obligation hereunder impossible or so impractical as reasonable to be considered impossible in the circumstances, and includes, war, riot. Civil disorder, earthquake, fire, explore, strome, flood or other adverse weather conditions, strikes, lockout or other industrial action are within the power of the party invoking force majeure to prevent, confiscation or any other action by government agencies . Force Majeure shall not include (i) Any event which is caused by the negligence or intentional action of a party or such party’s sub-consultant or agent or employees. (ii) Any event which a diligent party could reasonably have been expected to both to take into account at the time of the conclusion of this agreement, and avoid or overcome in the carrying out to its obligation hereunder. Force Majeure shall not include insufficient of funds or failure to make any payment required hereunder. 1.9.2 No Breach of Agreement The failure of a party to fulfill any of its obligations hereunder shall not be considered to be a breach of or default under, this agreement insofar as such inability arises from an event of force majeure, provided that the party affected by such an event has taken all reasonable precautions due to and reasonable alternative measures, all with the objective of carrying out the terms and conditions of this agreement. 1.9.3 Measures to be taken a) A party affected by an event of force majeure shall continue to perform its obligation under the contract as far as it is reasonably practicable and shall take all reasonable measures to remove such party’s inability to fulfill its obligations hereunder with a minimum of delay.
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b) A Party affected by an event of force Majeure shall notify the other party of such event as soon as possible, and in any event not later than fourteen (14) days following the occurrence of such event, providing evidence of the nature and cause of such event, and shall similarly give written notice of the restoration of normal conditions as soon as possible. c) The parties shall take all reasonable measures to minimize the consequences of any event of force majeure. 1.9.4 Consultation Not later than thirty (30) days after the consultants, as the result of an event of force majeur, have become unable to perform a material portion of the services, the parties shall consult with each other with a view to agreeing on appropriate measures to be taken in the circumstances. 1.9.5 Extension of Time Any period within which a party shall, pursuant to this agreement does not complete any action or task, shall be extended for a period equal to the time during which such party was unable to perform such action as a result of force majeure. 1.9.6 Payments During the period of their inability to perform the services as a result of an event of force Majeure, the consultants shall be entitled to be reimbursed for additional costs reasonably and necessarily incurred by them during such period for the purpose of services and in reactivating the services after the end of such period 1.10 Suspension The client may by written notice to the consultants, may suspend in whole or part the services, if any of the following event shall have happened and be continuing :- (i) if the consultant fail to perform any of their obligation under this agreement including the carrying out ot the services provided that such notice of suspension (i) shall specify the nature of the failure and (ii) shall request the consultants to remedy such failure within a period not exceeding fifteen(15) days after receipt by the consultants of such notice of suspension.
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The client for any reasons beyond his reasonable control may ask the
consultant to suspend whole or part of the work/services for such time
till the reasons are removed or settled. The extra time period of such
duration shall be granted as time extension on the original terms and
condition.
1.11 Termination
1.11.1 By the client
The client may terminate the contract in case of occurrence of any of
the events specified in this paragraph. In such an occurrences the
client shall give not less than thirty (30) days written notice of
termination to the consultant:
a) If the consultants fail to remedy the failure in the performance of
their obligations hereunder, as specified in a notice of suspension of
this agreement hereinabove, within thirty(30) days of receipt of such
notice of suspension of within such further period as the client may
have subsequently approved in writing;
b) If the consultants (or if the consultants consists of more than one
entity, if any of their partners) become insolvent of bankrupt or enter
into any agreements with their creditors for relief of debt or take
advantage of any law for the benefit of debtors of go into liquidation or
receivership whether compulsory or voluntary;
c) If the Consultant fails to comply with any final decision reached as
a result of arbitration proceedings relating to this agreement.
d) If the consultants submit to the client a statement which has a
material effect on the rights, obligations if interests of the client and
which the consultants know to be false;
e) If as the result of Force Majeure, the consultants are unable to
perform a material portion of the services for a period of not less than
sixty (60) days;
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f) If the client in its sole discretion and for any reason whatsoever,
decides to terminate this agreement.
g) If the consultant in the judgment of the client was engaged in
corrupt or fraudulent practices in competing for or in executing the
agreement.
1.12 Cessation of rights and obligations
Upon termination of this agreement hereof, of upon expiration of this
agreement hereof, all right and obligations of the parties hereunder
shall cease, except;
(i) Such rights and obligations as may have accrued on the date of
termination or expiration.
(ii) The obligation of confidentiality of this agreement here of.
(iii) The consultant’s obligation to permit inspection copying and
auditing of their accounts and record of this agreement here of.
(iv) The consultant’s obligations regarding default in performance of
the services in accordance of the provisions of the agreement and for
any loss suffered by the client, whereof, as a result of such default
and
(v) Any right, which a party may have under the applicable law.
1.13 Cessation of Services
Upon termination of this agreement by notice of either to the other the
consultants shall, immediately upon dispatch or receipt of such
notice, take all necessary steps to bring the services to a close in a
prompt and orderly manner and shall make every reasonable effort to
keep expenditures for this purpose to a minimum.
1.14 Payment upon Termination
Upon termination of this agreement the client shall make the payment
for services satisfactorily performed prior to the effective date or
termination, subject to other conditions of this agreement to the
consultants (after offsetting against these payments any amount that
may be due from the consultants to the client):
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1.15 Disputes about Event of Termination
If either party dispute on any matter, such party may within forth-five (4-5) days after receipt of notice of termination from the other party refer the matter to arbitration. 2. OBLIGATION OF THE CONSULTANTS 2.1 Prohibition Of Conflicting Activities The consultant shall not engage and shall cause their personnel not
to engage, either directly or indirectly in any of the following activities;
(a) During the term of this agreement, any business or professional
activities in the state of Madhya Pradesh, this would conflict, with the
activities assigned to them under this agreement.
The consultant’s liability under this agreement shall be as provided by
the applicable Law.
2.3 Accounting, Inspection and Auditing
The Consultant (i) shall keep accurate and systematic accounts and
records in respect of the services, hereunder, in accordance with
accepted accounting principles and in such form and details as will
clearly indentify all relevant time charges and cost, and the bases
thereof and (ii) shall permit the client or its designated representative
periodically, and upto one year from the expiration or termination of
this agreement, to inspect the same and make copies thereof as well
as to have them audited by auditors appointed by the client.
2.4 Consultant’s Actions Requiring Client’s Peior Approval The consultant shall obtain the client’s approval in writing before taking any of the following actions: (a) Appointing such members of the personnel as are listed in scope merely by title but not by name; (b) Entering into a subcontract for the performance of any part of the services, it being understood (i) that the selection of the
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sub-consultant and the terms of conditions of the sub-contract shall have been approved in writing by the client prior to the execution of the sub-contract, and (ii) that the consultant and its personnel pursuant to this agreement; (c) Item, as may be specified (d) Any other action as may be specified. 2.5 Reporting Obligations The Consultants shall submit to the client the report and documents specified in scope hereto in the form in the numbers and within the time period set forth in the said Annexure and also furnish specific data /information called for by the client as and when required. 2.6 Documents Prepared by the Consultant to be the property of the Client. All plans, drawing, specification, designs, report, other documents and software prepared by the consultants for the client under this agreement shall become and remain the property of the client. The consultants shall not later than upon termination or expiration of this agreement, deliver all such documents etc. to the client together with a detailed inventory thereof. The consultants may retain a copy of such documents and software. Restrictions about the future use of these documents and software, if any, shall be specified in the SC. 3. PAYMENTS TO THE CONSULTANTS 3.1 Payment- As mentioned in T.O.R. 3.2 Currency of Payment Except as may be otherwise agreed between the client and the consultants all payments under this agreement shall be made in India Rupees only. The payments shall be made by cheques.
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3.3 Recovery Any sum, up to fee paid, falling due or any loss caused due to this agreement shall be recoverable by the client from the consultant as if it were arrears of land revenue. 3.4 Penalty For delay in work/non-performance of duties a penalty equivalent to 1.0% percent per week of total agreement amount shall be imposed, which shall be maximum to 10 percent of agreement amount. 3.5 MPH & IDB may in addition forfeit the earnest money and performance security of the consultant in case of extra ordinary delay of work/completely non-performance of duties by rescinding the agreement, for which consultant shall have no claim . 4 FAIRNESS AND GOOD FAITH Good Faith The parties undertake to act in good faith with respect to each other’s right under this agreement and to adopt all reasonable measures to ensure the realization of the objectives of this agreement. 4.1 Operation of the Agreement The parties recognize that it is impractical in this agreement to provide for every contingency which may arise during the life of the agreement, and the parties hereby agree that it is their intention that this agreement shall operate fairly as between them, and without detriment to the interest of either of them and that if during the term of this agreement either party believes that this agreement is operating unfairly, the parties will use their best efforts to agree on such action as may be necessary to remove the cause or causes of such unfairness, but on failure to agree on any action pursuant to this clause shall give rise to dispute subject to arbitration . 4.2 The consultant shall be liable for discrepancies and disorders etc in consultancy services executed under this Agreement.
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5. SETTLEMENT OF DISPUTES
5.1 Dispute Resolution
Save where expressly stated to the contrary in this agreement, any
dispute, difference or controversy of whatever nature howsoever
arising under, out of or in relation to this agreement including non
completion of the project, between the partied and so notified in
writing by either party to the other (the “dispute”) in the first instance
shall be attempted to be resolved amicably.
Steering Group
In case of any dispute a notice within 30 days of its occurrence shall
be served by eighter party and then the provisions of arbitration shall
be applied.
Disputes and Arbitration
If any dispute of any kind whatsoever shall arise between Bidders and
the contractor in connection with or arising out of the contract,
including without prejudice to the generality of the foregoing, any
question regarding its existence, validity, or termination , the parties
shall seek to resolve any such dispute or difference by mutual
consultation. If the parties fail to resolve such a dispute or difference
by mutual consultation, the dispute can be filed at MP Jurisdiction.